§ 154.077 WIND ENERGY CONVERSION SYSTEMS AS ACCESSORY USES.
   (A)   Wind energy conversion systems (WECS) are a permitted accessory use in all zoning districts, subject to the requirements of this article. Wind energy conversion systems do not count toward the maximum number of accessory structures permitted. Most of the energy produced by an accessory WECS should be consumed only on the property where it is located.
   (B)   As accessory uses WECS must be:
      (1)   Installed on a certified tubular free-standing tower, a lattice tower, or a monopole tower. Towers may be guyed or self-supporting;
      (2)   Filtered, shielded, or otherwise designed and constructed to not cause electro-magnetic interference;
      (3)   Grounded to protect against lightning strikes;
      (4)   Designed with automatic over speed control to render the system inoperable when winds are blowing at higher speeds than the machine's capability;
      (5)   Equipped with a redundant breaking system, including both aerodynamic over speed controls and mechanical breaks. Mechanical brakes must be operated in a fail-safe mode. Stall regulation is not a sufficient braking system for over speed protection.
   (C)   The WECS owner and operator must make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner's property.
   (D)   A WECS must be setback from property lines at least 120% of the total height of the WECS.
   (E)   A WECS must comply with the maximum height limitation for the zoning district where it is located.
   (F)   WECS must be white, light gray, or another non-obtrusive color. Blades may be black to facilitate de-icing. Finishes must be matte or non-reflective and meet Federal Aviation Administration color requirements. No advertising or signage is allowed on a WECS.
   (G)   A WECS requires an improvement location permit. The permit application includes a site plan and a description of the project addressing: the number and type of turbines, generating capacity, tower design and height, blade arc diameter, total height, means of connection with the electrical grid, potential equipment manufacturers, and all related accessory structures. The manufacturer's engineer or another qualified professional engineer must certify that the turbine, foundation, and tower design are within accepted professional standards given local soil and climate conditions.
   (H)   Electric WECS components must have an Underwriters Laboratory (UL) or equivalent listing.
   (I)   Wind energy conversion systems require approval of local building code officials, consistent with the State of Indiana Building Code.
   (J)   For grid-tied WECS, the interconnection application must be submitted to the utility prior to applying for required town permits. The WECS must be designed to meet the utility's requirements for interconnection and operation. Automatic and a manual controls that render the system inoperable in case of loss of utility power is required. Off-grid systems are exempt from these requirements.
(Ord. 2022-17, passed 7-19-2022)